beta
(영문) 울산지방법원 2016.05.13 2014가단25978

추심금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On January 10, 2013, the Plaintiff was sentenced to the Busan District Court Decision 201Gahap6942, that “B shall pay to the Plaintiff KRW 116,066,872 and any delay delay damages.” The appeal filed by B was dismissed in the Busan High Court Decision 2013Na966, and the appeal filed by B was dismissed on April 10, 2014.

B. Based on the above final judgment, the Plaintiff issued a collection order on May 22, 2014 (hereinafter “instant claim seizure and collection order”) with respect to B’s shares and wage claim against the Defendant (the name of the company C at that time was changed to the Defendant on July 11, 2014) with the content that the claim amount was KRW 116,06,872, and KRW 29,573,203 as the agreed amount of KRW 116,06,872, and the claim amount was transferred to the Defendant.

On June 13, 2014, the collection order was served on the Defendant.

C. The wage claims attached as the seizure and collection order of the instant case are as follows.

- - A - If the monthly salary of the debtor exceeds KRW 3,500,000 (2) above - If the monthly salary of the debtor does not exceed KRW 3,000,000,00 in excess of KRW 1,500,000,000 among the public charges and public charges imposed on the debtor's monthly salary (this salary, salary, and bonus) that the debtor receives from the third debtor is above KRW 6,00,000,00 in excess of KRW 3,00,000,000, the amount equivalent to half of that amount - [3] if the monthly salary of the debtor exceeds KRW 6,00,000,000,000,000 in excess of the above claim amount] - [3,00,000 won + (one thousand,2-3,000,000 won of monthly salary x 12-1/2,000]; the purport that there is no dispute over the remainder of the above claim amount];

2. Determination as to the cause of action

A. The plaintiff alleged by the parties is the third debtor of the seizure and collection order of this case, and the monthly salary that the defendant pays to B with the collection money.